Common use of Cost and Revenue Clause in Contracts

Cost and Revenue. For all tests after the Commercial Operation Date, Seller and Department shall use commercially reasonable efforts to schedule such tests during periods in which Department has Dispatched the Facility to operate. If unable to be so dispatched, then the Energy produced by Seller shall be scheduled by Seller into the Cal ISO controlled grid and Seller shall bear all costs for such test (other than Fuel costs) and receive all revenues from the sale of such Energy and the hours of operation during such test shall not be counted towards the annual limits on operating hours that Department may Dispatch. In the event that the Department is unable to dispatch the Plant during a performance test the Department requested under Section 2.02 (c), then the Department shall pay for fuel costs in excess of plant revenue during the period of the Performance Test including the start up period relevant to such test. Appendix G FORM OF DEPARTMENT’S CONSENT AND AGREEMENT This CONSENT AND AGREEMENT (this "Consent and Agreement"), dated as of , 20 , is executed by the Department of Water Resources, an agency of the State of California, with respect to the Department of Water Resources Electric Power Fund separate and apart from its powers and responsibilities with respect to the State Water Resources Development System ("Department"), and CalPeak Power LLC , a Delaware corporation ("Borrower") for the benefit of [AGENT], a ("Agent"), as Agent for the Lenders under the Loan Agreement (as defined below). corporation

Cost and Revenue. For all tests prior to Commercial Operation, the Energy produced by Seller shall be scheduled by Seller into the CAL ISO controlled grid and Seller shall bear all costs for such tests and receive all revenues from the sale of such Energy. For all tests after the Commercial Operation DateOperation, Seller and Department shall use commercially reasonable efforts to schedule such tests during periods in which Department has Dispatched the Facility to operate. If unable to be so dispatched, then the Energy produced by Seller shall be scheduled by Seller into the Cal CAL ISO controlled grid and Seller shall bear all costs for such test (other than Fuel costs) and receive all revenues from the sale of such Energy and the hours of operation during such test shall not be counted towards the annual limits on operating hours that Department may Dispatch. In the event that the Department is unable to dispatch the Plant during a performance test the Department requested under Section 2.02 (c), then the Department shall pay for fuel costs in excess of plant revenue during the period of the Performance Test including the start up period relevant to such test. Appendix G FORM OF DEPARTMENT’S CONSENT AND AGREEMENT This CONSENT AND AGREEMENT (this "“Consent and Agreement"”), dated as of , 20 , is executed by the Department of Water Resources, an agency of the State of California, with respect to the Department of Water Resources Electric Power Fund separate and apart from its powers and responsibilities with respect to the State Water Resources Development System ("“Department"”), and CalPeak Power LLC , a Delaware corporation ("“Borrower"”) for the benefit of [AGENT], a corporation ("“Agent"”), as Agent for the Lenders under the Loan Agreement (as defined below). corporation.